49.159 History
History: 1995 a. 289;
1997 a. 27.
49.161
49.161
Wisconsin works; overpayments. 49.161(1)
(1)
Trial jobs overpayments. Notwithstanding
s. 49.96, the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (a) from an individual who receives benefits paid under
s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
49.161(2)
(2) Community service jobs and transitional placements overpayments. Except as provided in
sub. (3), the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (b) or
(c) from an individual who continues to receive benefits under
s. 49.148 (1) (b)and
(c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3)
(3) Overpayments caused by intentional program violations. If an overpayment under
sub. (1) or
(2) is the result of an intentional violation of
ss. 49.141 to
49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under
s. 49.148 (1) (a),
(b) or
(c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a)
(a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
49.161(3)(b)
(b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
49.161(3)(c)
(c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
49.161(3)(d)
(d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
49.161 Cross-reference
Cross Reference: See also s.
DCF 101.23, Wis. adm. code.
49.1635
49.1635
Wisconsin Trust Account Foundation. 49.1635(1)
(1) To the extent permitted under federal law and subject to
sub. (2), from the appropriation under
s. 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in
sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under
42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.
49.1635(2)
(2) The department may not distribute funds under
sub. (1) until the Wisconsin Trust Account Foundation reports to the department the amount received by the Wisconsin Trust Account Foundation in private donations.
49.1635(3)
(3) If the Wisconsin Trust Account Foundation receives funds under
sub. (1), it shall do all of the following:
49.1635(3)(a)
(a) Develop a separate account for the funds distributed under
sub. (1).
49.1635(3)(b)
(b) Require each organization to which the Wisconsin Trust Account Foundation distributes funds received under
sub. (1) to match 100% of the amount distributed to that organization that is attributable to the funds received by the Wisconsin Trust Account Foundation under
sub. (1).
49.1635(3)(c)
(c) Annually, prepare a report for distribution to the joint committee on finance that specifies the organizations that received funding under this section.
49.1635(4)
(4) Not more than 10% of the total funds received by the Wisconsin Trust Account Foundation may be used for administration.
49.1635 History
History: 1999 a. 9;
2003 a. 33;
2007 a. 20.
49.165
49.165
Domestic abuse grants. 49.165(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
49.165(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
49.165(1)(c)
(c) "Household member" means a person currently or formerly residing in a place of abode with another person.
49.165(1)(d)
(d) "Organization" means a nonprofit corporation, a public agency or a federally recognized American Indian tribe or band that provides or proposes to provide any of the following domestic abuse services:
49.165(2)(a)(a) The secretary shall make grants from the appropriation accounts under
s. 20.437 (1) (cd) and
(hh) to organizations for the provision of any of the services specified in
sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.
49.165(2)(b)
(b) In reviewing applications for grants, the department shall consider:
49.165(2)(b)1.
1. The need for domestic abuse services in the specific community in which the applicant provides services or proposes to provide services.
49.165(2)(b)2.
2. Coordination of the organization's services with other resources in the community and the state.
49.165(2)(b)3.
3. The need for domestic abuse services in the areas of the state served by each health systems agency, as defined in s.
140.83 (1), 1985 stats.
49.165(2)(b)5.
5. Maintenance of effort, by a city, village, town or county.
49.165(2)(c)
(c) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:
49.165(2)(d)
(d) An organization that receives a grant under this section shall provide matching funds or in-kind contributions that are equal to 25 percent of the amount of the grant. The department shall establish guidelines regarding which contributions qualify as in-kind contributions.
49.165(2)(e)
(e) In funding new domestic abuse services, the department shall give preference to services in areas of the state where these services are not otherwise available.
49.165(2)(f)1.
1. Award $545,000 in grants in fiscal year 1997-98 and $995,000 in grants in each fiscal year thereafter to organizations for domestic abuse services that are targeted to children. In awarding the grants, the department shall use a competitive request-for-proposals process and, to the extent possible, shall ensure that the grants are equally distributed on a statewide basis.
49.165(2)(f)5.
5. Expend $20,700 each fiscal year to contract with a nonstate agency to do all of the following:
49.165(2)(f)5.a.
a. Act as liaison among local, state, federal and private housing agencies.
49.165(2)(f)5.c.
c. Coordinate and disseminate information on job training programs.
49.165(2)(f)5.d.
d. Circulate information on successful transitional living programs.
49.165(2)(f)6.
6. Expend $69,700 each fiscal year to provide ongoing training and technical assistance to do all of the following:
49.165(2)(f)6.a.
a. Educate organizations and advocates for victims of domestic abuse about the judicial system.
49.165(2)(f)7.
7. Award grants in each fiscal year to organizations to enhance support services. Funding may be used for such purposes as case management; children's programming; assisting victims of domestic abuse to find employment; and training in and activities promoting self-sufficiency.
49.165(2)(f)8.
8. Award grants in each fiscal year to organizations for domestic abuse services for individuals who are members of underserved populations, including racial minority group members and individuals with mental illness or developmental disabilities.
49.165(2)(f)9.
9. Award a grant in each fiscal year to the Wisconsin Coalition Against Domestic Violence toward the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.
49.165(2)(f)10.
10. Award a grant of $563,500 in each fiscal year to the Refugee Family Strengthening Project for providing domestic abuse services to the refugee population. Funding may be used to hire bilingual staff persons, especially those who speak Hmong.
49.165(2m)
(2m) Reporting requirements. Any organization that receives a grant under this section shall report all of the following information to the department by February 15 annually:
49.165(2m)(a)
(a) The total expenditures that the organization made on domestic abuse services in the period for which the grant was provided.
49.165(2m)(b)
(b) The expenditures specified in
par. (a) by general category of domestic abuse services provided.
49.165(2m)(c)
(c) The number of persons served in the period for which the grant was provided by general type of domestic abuse service.
49.165(2m)(d)
(d) The number of persons who were in need of domestic abuse services in the period for which the grant was provided but who did not receive the domestic abuse services that they needed.
49.165(3)
(3) Council on domestic abuse. The council on domestic abuse shall:
49.165(3)(a)
(a) Review applications for grants under this section and advise the secretary as to whether the applications should be approved or denied. The council shall consider the criteria under
sub. (2) (b) when reviewing the applications.
49.165(3)(b)
(b) Advise the secretary and the legislature on matters of domestic abuse policy.
49.165(3)(c)
(c) Develop with the judicial conference and provide without cost simplified forms for filing petitions for domestic abuse restraining orders and injunctions under
s. 813.12.
49.165(4)
(4) List of eligible organizations. The department shall certify to the government accountability board, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under
sub. (2).
49.165 History
History: 1979 c. 111;
1979 c. 355 s.
241;
1981 c. 20 ss.
792c,
792m,
2202 (20) (s);
1983 a. 27 ss.
997m,
998,
2202 (20);
1983 a. 204;
1985 a. 29;
1987 a. 332,
399;
1989 a. 31;
1991 a. 39,
96;
1993 a. 16,
227,
246,
319,
491;
1995 a. 27 ss.
2337 to
2345,
9116 (5);
1997 a. 27,
292;
1999 a. 9,
162;
2005 a. 25,
278;
2007 a. 1;
2007 a. 20 ss.
1181 to
1200; Stats. 2007 s. 49.165.
49.167
49.167
Alcohol and other drug abuse treatment grant program. 49.167(1)(1) The department may award grants to counties, tribal governing bodies, and private entities to provide community-based alcohol and other drug abuse treatment programs that are targeted at individuals who have a family income of not more than 200% of the poverty line and who are eligible for temporary assistance for needy families under
42 USC 601 et seq. and that do all of the following:
49.167(1)(a)
(a) Meet the special needs of low-income persons with problems resulting from alcohol or other drug abuse.
49.167(1)(b)
(b) Emphasize parent education, vocational and housing assistance and coordination with other community programs and with treatment under intensive care.
49.167(2)
(2) The department shall do all of the following with respect to any grants awarded under
par. (a):
49.167(2)(a)
(a) Award the grants in accordance with the department's request-for-proposal procedures.
49.167(2)(b)
(b) Ensure that the grants are distributed in both urban and rural communities.
49.167(2)(c)
(c) Evaluate the programs under the grants by use of client-outcome measurements that the department develops.
49.167(3)
(3) The department shall coordinate the grant program under this section with any similar grant program administered by the department of health services.
49.169
49.169
Literacy grants. 49.169(2)(2) The department may award grants to qualified applicants for the provision of literacy training to individuals who are eligible for temporary assistance for needy families under
42 USC 601 et seq.
49.169(4)
(4) The department, in consultation with the technical college system board, the department of public instruction, and the governor's office, shall develop written criteria to be used to evaluate any grant proposals and to allocate any grants under this section among successful grant applicants.
49.169(5)
(5) The department shall require grant recipients to coordinate with the appropriate Wisconsin works agencies to ensure that those participants in Wisconsin works who are served by those Wisconsin works agencies and who need literacy training receive adequate literacy training.
49.169 History
History: 1999 a. 9;
2003 a. 33.
49.17
49.17
State supplemental food program for women, infants and children.
